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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2019 Highest 1356"
1. On August 15, 2018, the Defendant acquired brokerage commission money by fraud to the victim B, stating to the effect that “I would like to purchase and sell a lot of c, D, and E, and 2 parcels of land at the same time. I would like to conclude that if I would purchase the land, I would like to say that I would like to take charge of any process, such as consulting, permission, civil engineering, construction, sale, etc., within the inside, I would like to let the victim purchase the said land, and then would like to let the victim purchase the said land at the Defendant’s house of the F building G of the F building G at the macro-si on August 15, 2018, it would be false to the effect that “I would be the land under a contract, but I would pay the real estate intermediary a brokerage commission to use the remainder as expenses for the business progress,” and that “I would like to request the victim to purchase the said land.”
However, even if the defendant received money from the victim, he was thought to use it as an individual name, such as living expenses and repayment of personal debts, and that he did not pay real estate brokerage fees in advance with H among real estate.
On August 16, 2018, the Defendant deceptioned the victim by the foregoing method, and was transferred KRW 20 million from the victim to the account in the name of Nonghyup Bank (J), the husband of the Defendant, the husband of the Defendant.
2. On August 2018, the Defendant, who acquired the cost of relocating a cemetery, concluded that “The Defendant would be responsible for the relocation of a cemetery if he/she had a c, D, and E and two parcels of land at the office of a licensed real estate agent of K Lhoho Lake M at the end of the year,” and that “The Defendant would be responsible for the relocation of a cemetery, if he/she had a c, d, and e.g., a person who has a satisf and has a satisfy in the house.”
However, even if the defendant receives a commencement money, he did not think that it will be used for personal purposes, such as living expenses and repayment of personal debts, and did not have the intention or ability to transfer the cemetery.
The defendant deceivings the victim in the above manner, and the actual remitter from the victim, shall be the seller of the above real estate, theO or the defendant.